Sukhbir Singh vs Addl. Collector
2012 Latest Caselaw 853 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 36299 of 1994
 

 
Petitioner :- Sukhbir Singh
 
Respondent :- Addl. Collector (Finance), Muzaffar Nagar and others
 
Petitioner Counsel :- R.K. Asthana,B.Malik
 
Respondent Counsel :- Sc,Q.H. Siddiqui
 

 
Hon'ble Sudhir Agarwal,J.

Heard learned counsel for the petitioner.

Writ petition is directed against an order dated 27.2.1992 passed by Assistant Collector/Tehsildar, Kairana, Muzaffarnagar, under section 122-B  of the U.P. Z.A. and L.R. Act, imposing damages of Rs. 25,000/- upon the petitioner for cutting and removing trees from plot no. 719. It is stated that 50 trees, out of which 45 were of Shisham, 4 of Jamun and one of Neem on the plot of gaon sabha, have been cut and removed by the petitioner, thus, causing loss to  gaon sabha. 

Learned counsel for  petitioenr submits that there was no tree on  plot in question in 1397 Fasli; therefore, it cannot be established by  authorities below that there was any cutting of trees by  petitioner. However,  authorities below have referred to 1398 Fasli, in which the entries of trees, are mentioned.

It needs to be mentioned that entries  in the khasra as regards existence of trees  on a plot  are made only after they achieve a particular  size -breadth and length. Therefore, merely because in the earlier revenue record there is no entry regarding existence of the trees, does not mean that there was no tree standing on the plot.

I find no ground to interfere as there  is error apparent on the face of the impugned order warranting interference.

Writ petition is accordingly dimissed.

Interim order, if any, stands vacated.

Order Date :- 25.4.2012

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